March 18, 2008
The official minutes appear in this
typeface.
Alderman Berg's personal
commentary on the item, if any, appears in this typeface. Alderman
Berg takes sole responsibility for the comments and they might not
represent the official policy of the City of Brookfield or the
opinions of other individual alderman.
Click here to download a PDF file of the
official minutes.
Click here to download a PDF file of
the alderman's pre-meeting information packet.
THESE ARE THE
MINUTES OF A COMMON COUNCIL MEETING
OF THE 27TH COMMON COUNCIL,
HELD AT 7:45 P.M., TUESDAY, MARCH 18,
2008, IN THE COUNCIL CHAMBERS OF
BROOKFIELD
CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN
MAYOR JEFF SPEAKER
PRESIDING
ALDERMEN PRESENT:
Scott Berg, Gary Mahkorn, Steve Ponto, Rick
Owen, Christopher Blackburn, Bill Carnell, Lisa Mellone, Ron Balzer, Mark
Nelson, Jim Garvens, Dan Sutton, Jerry Mellone, Mike Franz, Bob Reddin
ALDERMEN ABSENT & EXCUSED:
None
ALSO PRESENT:
City Attorney Karen Flaherty, Director of Finance Robert Scott, Director
of Administration Dean Marquardt, Director of Community Development Dan Ertl,
City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Human
Resources Jim Zwerlein
Mayor Jeff Speaker called the Common Council to order at approximately 7:55 p.m.
Two people spoke during the 15 minute segment
set aside for citizens to address the Council.
Aldermen Gary Mahkorn and Lisa Mellone discussed the Elmbrook School
Referendum election to be held on April 1st.
The next Common Council meeting will be April
1.
Alderman Mike Franz led the Council in the
Pledge of Allegiance.
ACTIONS OF THE COMMON COUNCIL
A public hearing was heard regarding
the request of the City of Brookfield
to amend portions of Chapter 17, the Zoning Code, pertaining to Dining with
Outdoor Seating and Construction Completion.
(Separate minutes were taken.)
8:20 p.m.
CONSENT AGENDA
Alderman J. Mellone moved approval of the items on the Consent Agenda,
except for Items #21 and #26. The motion
was seconded by Alderman Blackburn and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of March 4, 2008.
Actions and recommendations
of the Plan Commission minutes of March 10, 2008, including the
Plan Review Board recommendations of February 21, 2008
2)
• P.C. #1: Plan Review
Board recommendations of February 21, 2008 –
a. PRB #1:
Unitarian
Universalist
Church
West, 13001 W. North Ave.,
for approval of a revised plan and method of operation permitting installation
of roof top solar collector panels.
b. PRB #2:
Time Warner Telecom for approval of a revised plan and method of
operation permitting the installation of two additional stand-by generators at
3235 Interview Drive.
c. PRB #3:
Kings Way Land Development LLC for re-approval of a preliminary survey
map, final certified survey map for the Preserve at Chapel
Hill combining same with 4275 N. Brookfield Road
and relocating a stormwater detention basin thereupon.
No new lots will be created.
d. PRB #4:
Dr. David Ferber and Mrs. Heather Perkins for a garage in excess of 900
sq. ft. at 3420 Sunnyview Lane.
e. PRB #5:
V.K. Development, 235 N. Executive Dr.,
for a wall sign, 28’ x 2’ 1-1/2” = 59 sq. ft., advertising Indiana Insurance, logo.
f. PRB #6:
O’Sullivan’s Public House, 12525 W. North Ave., for a monument sign
8’10” x 3’10” = 34 sq. ft. advertising:
O’Sullivan’s Public House.
3)
• P.C. #2:
Brookfield
Academy for approval to
schedule a conditional use public hearing permitting construction of an
approximate 88,464 sq. ft. new high school building in two phases at 3215 N.
Brookfield Road.
4)
• P.C. #3: Simon Group
LTD for preliminary plat approval of
Hill Park, a six lot subdivision with four
outlots located at 18250 Burleigh
Road.
5)
• P.C. #4: Dr. Ricardo
Araujo DDS and Michelle Araujo for approval of a new plan and method of
operation, preliminary survey map and final certified survey map permitting
construction of an approximate 3,634 sq. ft. commercial building with parking
lot at 14430 W. Greenfield Avenue.
No new lots will be created.
6)
• P.C. #5: Revised
Streetyard Landscape requirements of the “Site Development Standards for
Non-Residential Uses and creating Section 3.28.010 (LL) and amending Sections
17.100.050 2B. and C. of the Municipal Code regarding the creation of a
landscape plan review fee and codification of the revised landscape standards.
7)
Resolution approving the Streetyard Landscape Requirements of the “Site
Development Standards for Non-Residential Uses, dated December 10, 2007”.
Resolution No. 7853-08*
8)
Ordinance creating Section 3.28.010 (LL) and amending Sections 17.100.050
2.B. and C. of the Municipal Code regarding Landscape Standards Fees, Updates
and Revisions.
Ordinance No. 2129-08*
As recommended by the Finance
Committee
9)
Vouchers exceeding $50,000 requiring immediate action.
10)
Resolution approving Financial Advisory Agreement with RBC Capital
Markets with respect to 2008 general obligation corporate purpose bonds to be
issued to fund the City’s capital improvement program.
Resolution No. 7854-08*
11)
Resolution approving amendment to agreement between the City and Netzow
Enterprises relative to State municipal flood control grant (Calhoun Dam
removal), and approving 2008 Stormwater fund budget amendment requested by the
Directors of Public Works and Finance:
increase Stormwater fund revenues and expenditures by $297,033.
Resolution No. 7855-08*
12)
Resolution affirming City financial policies regarding risk management
and budget amendment.
Resolution No. 7856-08*
13)
Request of the Fleet Division to purchase three 3/4 Ton Trucks from Ewald
Automotive Group for $56,334 for the Highway, Water, and Parks & Recreation
Departments.
14)
Request of the Fleet Division to purchase an Ambulance from Foster Coach
Sales, Inc. for $182,388.
15)
Request of the Fleet Division to purchase 1/2 Ton Express Cargo Van from
Ewald Automotive Group for $16,709 for Facilities Maintenance.
16)
Request of the Fleet Division to purchase two Highway Department Patrol
Trucks from Lakeside International Trucks for $133,300 for the Highway
Department.
As recommended by the
Legislative & Licensing Committee
(All licenses
granted subject to further administrative approval)
17)
Original Bartender Licenses (see Legislative & Licensing agenda for
names).
18)
Renewal 6-month Class B license:
Brookfield Jaycees at Wirth Park,
2585 Pilgrim Rd.:
Cathryn M. Dorangrichia – Agent.
19)
Ordinance amending Section 1.12 of the Municipal Code regarding Bail
Amounts.
Ordinance No. 2130-08*
As recommended by the Board
of Public Works
20)
Resolution approving the 2007 Highway Statistics Annual Report.
Resolution No. 7857-08*
21)
Removed from the Consent Agenda.
22)
Resolution awarding the bid for the 2008 Road Resurfacing Project No.
R-08-01 to Payne and Dolan, Inc. for $1,878,642.50.
Resolution No. 7859-08*
23)
Resolution awarding the bid for the 2008 Epoxy Pavement Marking Project
No. R-08-03 to Brickline, Inc. for $56,000.
Resolution No. 7860-08*
As recommended by the Water &
Sewer Board
24)
Preliminary Resolution declaring intent to exercise special assessment
powers under Section 66.0703, Wis. Stats.:
Brookdale/Lothmoor Water Main Project #W-08-02 and Santa Maria Court
Water Main Project #W-08-03.
Preliminary Resolution No. 7861-08*
25)
Resolution awarding the bid for the Camelot Forest Water Main Relay
Project No. W-08-01 to Wanasek Corporation for $721,587.50.
Resolution No. 7862-08*
26)
Removed from the Consent Agenda.
Council As A Whole
27)
Mayor’s Reappointments to the Board of Review:
a.
Kari Clappier – three year term expiring January 1, 2011.
b.
Howard Washechek – three year term expiring January 1, 2011.
*
End of the Consent Agenda *
28)
Items removed from the Consent Agenda as follows:
21)
Alderman Owen moved approval of the Resolution allowing City of
Brookfield residents to take small quantities of rocks, stones,
broken up concrete, broken up asphaltic concrete, soil, recyclable rechargeable
batteries and cell phones to the
Recycle Center beginning April 1, 2008.
The motion was seconded by Alderman Nelson and carried unanimously.
Resolution No. 7858-08*
26)
Alderman Berg moved approval of the Resolution requesting Lake Michigan
water from the City of Milwaukee
to serve the southeast portion of the City of Brookfield
and request that the City of Milwaukee
acknowledges this formal request, and directs the appropriate officials to
initiate the process. The motion was
seconded by Alderman Owen and carried unanimously.
Resolution No. 7863-08*
Finance Committee
29)
Alderman Garvens moved approval of the Resolution approving amendments to
the 2008 capital improvement budgets requested by the Director of Finance.
The motion was seconded by Alderman Reddin and carried unanimously.
Resolution No. 7864-08*
30)
Alderman Garvens moved approval of the Initial Resolution authorizing
General Obligation Bonds in an amount not to exceed $4,195,000:
street improvements. The
motion was seconded by Alderman Reddin and carried Ayes 10, Nays 4 with Aldermen
Carnell, L. Mellone, Blackburn, and J. Mellone voting nay.
Initial Resolution No. 7865-08*
31)
Alderman Garvens moved approval of the Initial Resolution authorizing
General Obligation Bonds in an amount not to exceed $535,000:
park improvements. The motion
was seconded by Alderman Sutton and carried unanimously.
Initial Resolution No. 7866-08*
32)
Alderman Garvens moved approval of the Initial Resolution authorizing
General Obligation Bonds in an amount not to exceed $1,400,000:
water utility improvements.
The motion was seconded by Alderman Reddin and carried Ayes 12, Nays 2 with
Aldermen Blackburn and J. Mellone voting nay.
Initial Resolution No. 7867-08*
33)
Alderman Garvens moved approval of the Initial Resolution authorizing
General Obligation Bonds in an amount not to exceed $3,170,000:
fire station relocation/reconstruction.
The motion was seconded by Alderman Berg and carried Ayes 13, Nays 1 with
Alderman J. Mellone voting nay.
Initial Resolution No. 7868-08*
Legislative & Licensing Committee
34)
Alderman Ponto moved adoption of the Ordinance renaming and amending all
subsections of Chapter/Title 2 – Elected Officials, Administration and Personnel
– except those dealing with the Code of Ethics, the Civil Service System,
Emergency Management, Fire Department, and Public Records.
The motion was seconded by Alderman Owen.
Alderman Sutton
moved to amend Section 2.08.010 (B) to read, “…..The council president may serve
as a member of not more than one standing committee.
His appointment thereto shall be by a
three-fourths vote of all members of the council”.
The motion was seconded by
Alderman L. Mellone and failed Ayes 5, Nays 9 with Aldermen Blackburn,
Carnell, J. Mellone, L. Mellone and Sutton voting aye.
The original motion
carried unanimously.
Ordinance No. 2131-08*
Council As A Whole
35)
Alderman Ponto moved approval of the Resolution rescinding Res. #2155 by
eliminating the Industrial Revenue Bond Committee as the policy decisions have
been assumed by the Economic Development Committee.
The motion was seconded by Alderman Nelson and carried unanimously.
Resolution No. 7869-08*
36)
Alderman Ponto moved approval of the Resolution rescinding Res. #4981 by
eliminating the Americans with Disabilities Committee as the policy decisions
have been assumed by the Human Resources and Public Safety Committee and Finance
Committee. The motion was seconded
by Alderman L. Mellone and carried unanimously.
Resolution No. 7870-08*
37)
Alderman Ponto moved to convene into Closed Session for the following
purpose:
Discussion and
possible action relative to settlement offers for the purchase of two homes
relating to the challenge to take by condemnation lawsuits filed in Waukesha
County by Craig S. Husar and Danielle M. Husar, 785 S. Calhoun Road, v. City of
Brookfield (07-CV-3479) and Robert P. Marsh and Karen L. Marsh, 835 S. Calhoun
Road, v. City of Brookfield (07-CV-3481). Under:
a.
19.85(1)(e) Deliberating or negotiating the purchasing of public
properties, the investing of public funds, or conducting other specified public
business, whenever competitive or bargaining reasons required a closed session;
and
b.
19.85(1)(g) Conferring with legal counsel for the governmental body who
is rendering oral or written advice concerning strategy to be adopted by the
body with respect to litigation in which it is or is likely to become involved.
The motion was seconded by Alderman Garvens and carried unanimously.
Recorded as a roll call. 9:22
p.m.
Present during closed session were as follows:
City Clerk, City Attorney, Director of Public Works, Director of Human
Resources, Director of Community Development, Director of Administration, and
Director of Finance.
Alderman
Garvens moved to reconvene into Open Session per Section 19.85(2) Wisconsin
Statutes. The motion was seconded by
Alderman Sutton and carried unanimously.
Recorded as a roll call. 9:55
p.m.
Alderman
Ponto moved to reject the settlement offers to purchase the homes.
The motion was seconded by Alderman Reddin and carried Ayes 12, Nays 2
with Aldermen J. Mellone and Blackburn voting
nay.
38)
Legislative Referrals and Request for Services:
a.
Alderman Lisa Mellone moved for a request for services that Section 6.08
– Dogs and Cats – of the Municipal Code be reviewed as to whether it can be
effectively enforced by the Police Department.
Review through Police Department and City Attorney.
39)
Alderman Ponto moved to adjourn.
The motion was seconded by Alderman Garvens and carried unanimously.
9:58 p.m.
* May be viewed in the City
Clerk’s Office.
Minutes respectfully
submitted by Kristine A. Schmidt, City Clerk